Between Arrest & Trial Flashcards
What HappensBefore Trial?
Initial Ap\_\_ Pr\_\_ Hearing Gr\_\_ Jury (sometimes) Ar\_\_ Di\_\_ and Pr\_\_ Motions
appearance preliminary grand arraignment discovery, pretrial
The __ Amendement:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
sixth
Initial Appearance:
Inform of ch\_\_ Pr\_\_ cause determination Informed of constitutional ri\_\_ Right to co\_\_ Cu\_\_ determination (ba\_\_)
charges probable right counsel custody (bail)
Preliminary Hearing:
Did the alleged crime occur within the Court’s ju__?
Is there sufficient ev__?
Cases are often re__ for insufficient evidence
jurisdiction
evidence
rejected
Grand Jury: The “Sw__ & the Sh__”
Citizens drawn from the co__
Determines if there is enough ev__ for a trial
sword, shield
community
evidence
Arraignment:
Charges are re__
At__ appointed if necessary
Defendant enters pl__
Some ev__ is seen
May again review issue of ba__
read
attorney
plea
evidence
bail
Discovery and Pretrial Motions:
- Request for pr__ evidence
- De__ may be required to produce evidence as well
Pretrial motions:
-Set bo__ for the trial
Exclude from trial: Co\_\_ Wi\_\_ testimony Evidence (il\_\_ obtained) Cause for di\_\_
prosecution
defense
boundaries
confessions
witness
illegally
dismissal
The __ Amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
eighth
Bail:
1998: __% of prisoners in local jails were waiting be arraigned, go to trial, or were on trial
Purpose: To deter fl__
Guidelines against “excessive” bail
Wh__ is excessive?
We__ defendants have an advantage
57
flight
what
wealthy
Factors in Bail Decision:
Fl__ risk:
- Low risk often released on own re__ (ROR)
- Very few ROR fail to ap__.
Pr__ Detention:
Bail may not be granted if sa__ of any other pe__ or the co__ is in danger.
-In__ rights vs. co__ good
-But, these predictions are notoriously in__.
flight
recognizance
appear
preventative
safety, person, community
individual, common
inaccurate
Predicting Flight:
__% of 2200 felons were rearrested within 90 days
Note: includes new crime and failure to appear
Reoffenders were more likely to:
- Live al__
- Have originally committed a pr__ crime
- Have a history of fa__ to appear
- Demonstrated si__ that police officers noted at time of a__.
17
alone
property
failing
signs, arrest
Bail: Why does it matter?
Pretrial re__ affects trial ou__.
Defendants who stay in jail are:
More likely to be found gu__
Receive ha__ sentences.
release, outcome
guilty, harsher
Bail: Why does it matter?
Harder to prepare de__ in jail:
- Less time with la__
- Less access to wi__, re__.
- Lose jo__, can’t pay at__.
- Corrodes fa__ and co__ ties.
defense
lawyers
witnesses, records
jobs, attorney
family, community
Are Bail Practices Discriminatory?
Clearly an advantage for we__.
-Often can pay fu__ bail
~Poorer defendants are out at least __%
Many in__ (or at least not gu__) people spend a fair amount of time in ja__ because they can’t af__ bail.
2 Surveys:
Of 1000 people jailed in Philly for an average of 33 days, __% acquittals / no jail time
114,653 nationwide, figure was __%
wealthy
full
10
innocent, guilty, jail, afford
67
73
Are Bail Assignment Practices Subject to Other “Situational” Factors?
Judges set higher bail for those who violated cu__ wo__ views.
- When one considers their own mo__…
- Te__ Ma__ Theory
cultural world
mortality
terror management
Criminal Discovery:
A criminal trial by am__ should be a thing of the past, if you are doing your job correctly.
Whether practicing before a sta__ or fe__ court, there are a number of ways to get the ev__ you need to prepare your de__.
ambush
state, federal, evidence, defense
Defense Attorney’s Role:
First, learn what the go__ knows
Second, learn something the government d__’t kn__
knows
doesn’t know
The Prosecutor’s Role:
First and foremost, the Prosecutor is your ad__.
Second, the Prosecutor is also an “agent of tr__ and ju__”
With this in mind, you are likely going to have to fight for every piece of ev__ to which you are en__.
What You Can Obtain…
- Any st__your client made
- The client’s prior cr__ record
- Do__ and other ph__ evidence to be used by the go__ at trial
- Reports of any ex__ or te__
- Ex__ wi__ summaries
adversary
truth, justice
evidence, entitled
statement criminal documents, physical, government examinations, tests expert witness
Your Client’s Statement:
Probably the most im__ item you can receive and includes:
Gr__ Ju__ Testimony
Signed St__ by your client
The communications between your cl__ and any go__ official (i.e., video of the drunk driving ar__, audio of the int__, etc.
The contents of the statements will set the to__ of your entire de__.
Lets you see if your client has co__ himself (i.e., a full co__ was given, did your client remain si__?)
May or may not allow room for you to arrange a pl__.
May decide for you if your client can take the st__.
Shows you any remaining aff__ defenses
important
grand jury
statement
client, gouvernement , arrest, interrogation
tone, defense convicted, confession, silent plea stand affirmative
